Health Insurance (Variation of Fees and Medical Services) (No. 30) Regulations (Cth)

Statutory Rules 1983 No. 2851

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Health Insurance (Variation of Fees and Medical Services) (No. 30) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Health Insurance Act 1973.

Dated 18 November 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

NEAL BLEWETT

Minister of State for Health

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Citation

1. These Regulations may be cited as the Health Insurance (Variation of Fees and Medical Services) (No. 30) Regulations.

Commencement

2. These Regulations shall come into operation on 1 December 1983.

Amendment of Schedule to Health Insurance

3. The Schedule to the Health Insurance (Variation of Fees and Medical Services) (No. 26) Regulations (being that Schedule as amended by the Health Insurance (Variation of Fees and Medical Services) (No. 27) Regulations, the Health Insurance (Variation of Fees and Medical Services) (No. 28) Regulations and the Health Insurance (Variation of Fees and Medical Services) (No. 29) Regulations) is amended by inserting after rule 5 the following rules:

“5A. (1) In Part 1, and in the items in Parts 2, 6 and 10 to which this rule applies, “attendance” means a physical attendance on not more than one person on the one occasion.

“(2) This rule applies to each of the following items, that is to say–

(a) items 190, 192, 198, 246 and 273 in Part 2;

(b) items 821, 824, 851, 890, 893 and 980 in Part 6;

(c) items 3330, 3332, 3338, 3342, 3346, 5264, 6835, 6904, 7601, 7605, 7694, 7697, 7701, 7706, 7774, 7777, 7781 and 7785 in Part 10.

“5B. (1) A medical service specified in—

(a) an item in Part 2, 3,4, 5,9 or 10; or

(b) an item in Part 6 to which Rule 5C applies,

other than

(c) item 887, 888, 889,996,997 or 998 in Part 6;

(d) an item to which Rule 5A applies; or

(e) an item in Part 10 that includes the symbol ‘ D’

shall be taken to be a medical service if, and only if, the medical service is performed physically by a medical practitioner on not more than one patient on the one occasion.

“(2) A medical service specified in item 887, 888, 889, 996, 997 or 998 in Part 6 shall be taken to be a medical service if, and only if, the medical service is performed physically by a medical practitioner.

“5C. (1) A medical service specified in-

(a) an item in Part 1, 2, 3, 4, 5, 9 or 10;or

(b) an item in Part 6 to which this rule applies,

other than

(c) item 180, 182, 184 or 186 in Part l; or

(d) an item in Part 10 that includes the symbol ‘D’

shall be taken to be a medical service for the purposes of the Act if. and only if, the medical service is rendered by a medical practitioner, being

(e) a medical practitioner other than a medical practitioner employed by the proprietor of a hospital; or

(f) a medical practitioner who is employed by the proprietor of a hospital and renders that medical service otherwise than in the course of his employment by that proprietor,

whether or not essential assistance is provided, in accordance with accepted professional practice, to the medical practitioner rendering that medical service.

“(2) This rule applies to each of the following items in Part 6. that is to saw items 770, 774, 777, 787, 790, 810, 811, 813, 814, 821, 824, 831, 833, 836, 839, 841, 843, 851, 856, 886, 887, 888, 889, 890, 893, 895, 897, 902, 904, 907, 916, 917, 918, 922, 923, 925, 927, 929, 932, 934, 936, 938, 940, 944, 947, 949, 950, 951, 956, 957, 960, 963, 968, 970, 974, 976, 977, 980, 987, 989,. 996, 997 and 998.

“5D. A medical service specified in an item in Part 6, 8, 8A, 9A or 11, other than an item in Part 6 to which Rule 5C applies, shall be taken to be a medical service for the purposes of the Act whether the medical service is rendered by–

(a) a medical practitioner; or

(b) a person, other than a medical practitioner, who is employed by, or, in accordance with accepted medical practice, acts under the supervision of, a medical practitioner.”.

NOTE

1. Notified in the Commonwealth of Australia Gazette